Woman fights new Alberta law allowing police to seize car

Police threatened to seize vehicle under tougher drinking-and-driving law

A Sherwood Park woman is calling for changes to a new law that allows police to seize vehicles of drivers who have been drinking, even if the vehicle is stolen.

"I understand why the legislation is in place," said Susan Wiese. "But it makes another victim out of drinking and driving."

Wiese's 18-year-old son took her car without permission early Monday morning.

He was pulled over by RCMP and given a breathalyzer test, which recorded a blood/alcohol reading between .05 and .08, she said.

Police called Wiese at 2:30 a.m. to come pick up her car, which she did before returning home to bed.

An hour or so later, police arrived at her home saying they wanted to seize the vehicle under the Traffic Safety Ammendment Act which became law this month.

It allows police to seize the vehicle of any driver caught with a blood/alcohol content greater than .05.

'It didn't make any sense'

"They wanted my keys and they wanted me to be cooperative and I didn't understand," she said. "It didn't make any sense."

After she refused to hand over her keys, more police arrived along with a tow-truck driver.

"I asked them if they could take my car off my property without a warrant and they said they couldn't."

Police told her they would not seek a warrant, but warned Weise that her car could be seized at any time.

"I could go to work and my car could be gone, could be seized," she said.

Police relented, she said, when they released her son later in the morning, telling him they would not pursue seizure of the car.

Wiese said seizing her car penalizes the wrong person.

"Without writing something into legislation that protects people who have their vehicles taken without their permission, stolen, it makes another victim because now those people are accountable," she said.

Transportation Ministry spokesperson Parker Hogan said vehicle owners can appeal seizures and be reimbursed for costs.